The purpose of this article is to establish standards for specific
uses that require special design considerations. These regulations
are set forth to achieve compatibility with the principal uses permitted
in a zoning district. These regulations shall apply to all zoning
districts in which the particular use being regulated is permitted.
It is the intent of the Township that where these uses are permitted,
they comply strictly with the standards that have been created to
address their particular impacts and characteristics. The provisions
for this article shall apply in addition to any other applicable zoning
regulations. In the case of an inconsistency between the provisions
of this article and any other article of this chapter, the strictest
provision shall apply. Uses specifically regulated in this article
include the following:

Accessory buildings and structures which are used for active recreational
uses, such as swimming pools, tennis courts, basketball courts, riding
rinks and other similar uses, shall not be located in the front yard
of the principal building on a lot.

Except in the case of unexclosed tennis courts and unenclosed swimming
pools, the gross floor area of accessory buildings and structures
shall not exceed 40% of the footprint of the principal building.

Stables, hives, and shelters shall be set back at least 100
feet from any property line. Uncovered manure storage shall be located
at least 100 feet from any lot line or stream. No manure may be stored
within a swale or drainageway, nor located so as to drain onto adjacent
land.

Such uses shall be limited to occurrences of not more than four
times within one calendar year. There shall be at least a thirty-day
period between such occurrences, and each occurrence shall last no
more than three consecutive days.

Signs advertising garage or yard sales shall be posted no more
than two days prior to the first day of the sale and shall be removed
on the final day of the sale. No more than two off-premises signs
shall be permitted to advertise the sale. Such signs shall only be
placed with the permission of the applicable property owners.

A swimming pool constructed either above or below ground level,
designed to hold more than 10,000 gallons of water and installed after
the effective date of this chapter shall require a permit issued by
the Zoning Officer.

The swimming pool shall meet accessory structure setback requirements in § 455-47. All mechanical equipment for the purposes of filtering, heating, pumping, cleaning, filling, draining, or any other maintenance-related activity shall meet the required side yard setbacks for the applicable district and in no case shall be less than 10 feet from any property line.

All swimming pools shall be completely enclosed by a permanent
fence or wall at least four feet in height with no openings larger
than four inches in width. Any building or structure meeting the height
and opening requirement may be included as part of the required enclosure.
All gates and door openings through the enclosure shall be equipped
with a self-closing and self-latching device for keeping the gate/door
securely latched at all times when not in use.

The provisions regulating fencing in Subsection A(7)(c) above shall not apply to a fence having sides extending four or more feet above grade on all sides or being four or more feet above grade, provided that the stairs or other means of access to the pool are removed when the pool is not in use.

Uses accessory to commercial and industrial uses. The following uses
shall be permitted when incidental and subordinate to an existing
commercial use and when located on the same lot as the principal use:

The reuse of an existing structure shall comply with the use requirements
of the applicable zoning district. Area and bulk requirements may
be modified through the conditional use process, as applicable, where
the applicant has demonstrated sensitive restoration, including preservation
of facades, rehabilitation using materials and design authentic and
appropriate to the architecture and preservation of the building mass
as it appears from all public rights-of-way.

Every effort shall be made to maintain or restore the building or
structure to its original architectural style and bulk. Additions
shall compliment the existing architectural style and bulk of the
structure and require approval by the Board of Supervisors.

Deteriorated architectural features, which contribute to the character
of the neighborhood, should be repaired rather than replaced. Where
replacement of such features is necessary, the new material should
match the material being replaced in composition, color, design, texture,
and other visual qualities.

Site and architectural plans for the adaptive reuse of said
building shall be submitted, as applicable, together with an application
for a conditional use, in accordance with the requirements of this
chapter.

Unless clearly impractical or inappropriate, additional parking needed
for adaptive reuse projects shall be located to the rear of the structure
or where such parking is least visible from public streets and rights-of-way.

Adaptive reuse for professional offices or commercial convenience
uses. The following standards and criteria shall govern the design
and review procedures for the adaptive reuse of buildings for professional
office and commercial convenience uses for which conditional use approval
is sought in accordance with the base zone of this chapter:

An apartment accessory to a nonresidential use is an upper-floor
dwelling unit within a nonresidential building, constituting a separate
living area containing independent cooking and sleeping facilities
for one family, physically separated from any other dwelling unit,
and located on the second floor or higher above a separate nonresidential
use located in the same structure. The following standards apply to
apartments accessory to nonresidential uses:

Each gasoline pump shall be provided with a stacking area that can
accommodate a minimum of two cars. Islands that contain more than
one pump shall provide a minimum of two spaces per each dispensing
nozzle. For the purposes of this chapter, one pump serves two fueling
positions.

A service station must have adequate fire extinguishers, ample no-smoking
signs posted, and any other safeguards deemed necessary for the public
safety in accordance with the Pennsylvania State Fire Code and any
other applicable state or federal regulations.

Underground storage tanks shall comply with all applicable regulations
of the EPA and the PaDEP, including notification and registration
requirements. If warranted, as determined by the Township, the applicant
may be required to place tanks in a concrete vault, install other
impervious lines, and/or install monitoring devices.

All automotive parts, refuse, and similar articles shall be stored within a building or enclosed area screened from adjacent uses in accordance with § 274-44C, Article XI, of Chapter 274, Natural Resources Protection.

A trash storage area shall be provided which is screened from the street and adjacent properties in accordance with § 274-44C, Article XI, of Chapter 274, Natural Resources Protection, to prevent trash from blowing from the area and to permit safe and easy trash removal.

All gasoline pump dispensers shall be covered by a canopy and shall
be illuminated only during nondaylight operating hours. Canopy lighting
shall be located on the undersurface of the canopy and shall be limited
to flush lens fixtures mounted on the canopy ceiling. Drop lens fixtures
are prohibited. Up-lens lighting fixtures mounted on the canopy structure
above the level of gas pumps are permitted if they have the effect
of reducing glare from the lighting fixtures mounted on the canopy
ceiling. Canopy height shall be limited to 14 feet, unless otherwise
approved by conditional use. Such canopies shall be limited to fuel
island canopies associated with an automotive gasoline or service
station or in association with a convenience store.

A bed-and-breakfast, permitted as a conditional use in all zoning
districts, is an owner-occupied building designed, used and occupied
as a single-family residence, having, as an accessory use therein,
public lodging rooms and facilities for and serving breakfast and
afternoon tea prepared within the building to preregistered transient
guests, which meets the minimum requirement of this chapter and shall
be subject to the following regulations:

A dwelling that is designated by the Easttown Township Open Space,
Recreation and Environmental Resources Plan (see Map 5) or the Easttown
Township Comprehensive Plan (see Map 6) as either a National Register
site or national historic landmark or considered a significant historic
resource by the Township as listed on Map 6 of the Easttown Township
Comprehensive Plan.

The appearance of the building shall not be altered as to detract
from its principal purpose as a residential structure, except for
purposes of safety in meeting state and Township regulations. Fire
escapes, external stairways, or additional external doors shall be
located either to the side or rear of the residence.

The number of guest rooms and baths for transient accommodation shall
not exceed three each in any building having a habitable floor area,
as defined in this section, of 3,000 square feet or less. One additional
guest room may be added for each additional 600 square feet of habitable
floor area, up to a maximum total number of six guest rooms. No guest
rooms shall contain any cooking facilities. Food served to guests
on the premises shall be limited to breakfast and afternoon tea, and
eating facilities shall be open only to guests registered at the bed-and-breakfast
use.

The minimum lot size based upon net lot area shall be the minimum
lot size for single-family detached dwellings in the respective districts.
All area and bulk regulations and general regulations, except as provided
otherwise in this section, shall be those that apply to a single-family
detached dwelling in the applicable zoning district.

At a minimum, parking shall be provided as required by the minimum
parking regulations of the applicable district; provided, however,
that one additional parking space shall be required for each guest
room and for one employee, if any. The minimum parking setback from
an adjacent property line shall be 20 feet, and, when four or more
guests and employee parking spaces are provided, the parking area
shall be screened from direct view of any adjacent residential use
by a completely planted visual barrier consisting of a double row
of evergreen plantings with a minimum height of six feet after the
planting and placed no more than eight feet apart. The required plantings
shall be staggered so as to provide as complete a visual barrier as
is possible.

No more than one employee shall be permitted to work on the premises
at any time, and none shall be present between the hours of 11:00
p.m. and 6:00 a.m. Members of the owner's immediate family who
are residents on the premises shall not be considered employees, whether
or not paid.

Notwithstanding anything contained in any of the applicable district
regulations, any bed-and-breakfast containing four or more guest rooms
shall be served by public sewer. The adequacy of an on-site sewage
system to handle increased flows resulting from the use of the property
as a bed-and-breakfast containing three or less guest rooms and the
availability and adequacy of sufficient backup area on the lot to
accommodate the proposed use shall be certified by the Chester County
Health Department or other regulatory authority having jurisdiction
on the basis of an on-site inspection or required improvements to
the sewage system have been completed or are guaranteed.

No guest may be registered for a maximum continuous period in excess
of seven consecutive nights. The owner shall maintain a guest register
and shall preserve registration records for a minimum of three years.
The register and all records shall be made available for inspection
by the Zoning Officer or Codes Enforcement Officer at any time.

One sign shall be permitted identifying the property as a bed-and-breakfast.
The sign shall not exceed three square feet in area, shall be set
back a minimum of three feet from the road right-of-way and shall
contain no information other than identification of the premises as
the named bed-and-breakfast.

Upon compliance with all of the requirements of this section and
other applicable codes and regulations, the Zoning Officer shall be
authorized to issue a zoning permit which shall be valid for a period
of one year, unless sooner revoked for violation of any condition
imposed by the Board of Supervisors, any misrepresentation of fact
made to the Board of Supervisors, Zoning Officer or Codes Enforcement
Officer in conjunction with the application, permit, and review process,
or violation of this section or any provision of this chapter. Within
30 days prior to the expiration of any such permit, the property owner
shall make application for renewal of the permit to the Zoning Officer,
who shall, as a condition of issuance of such renewal, make an inspection
of the premises for which the permit is sought to determine continued
compliance with this chapter. In the event that the Zoning Officer
determines that a violation exists, the permit shall not be renewed
until the violation is cured.

Upon nonrenewal or revocation of the zoning permit for cause shown,
the use of the premises as a bed-and-breakfast shall immediately cease,
and continuation thereof shall subject the owner to the penalty provisions
of this chapter and/or such other legal action as the Township shall
determine necessary.[1]

Commercial day-care centers are commercial facilities where
daytime supervision is provided for the care of children or adults,
not related to the caregiver or operator, and where the child or adult
care area is not part of a family residence. Commercial day-care centers
must be licensed or approved to provide services as required by the
Commonwealth of Pennsylvania and shall be subject to the following
regulations:

Prior to issuing of a permit by the Zoning Officer, the applicant
shall have received and hold all pertinent approvals and licenses
from appropriate federal, state, or county agencies as a condition
of permit approval and continuation.

Minimum indoor areas and outdoor play area requirements per child
shall meet the most current Pennsylvania Department of Public Welfare
requirements, and the applicant shall submit proof to the Township,
prior to the Township's issuing of permits, that these requirements
have been met. In addition, an outdoor play area shall be provided
according to the following:

Off-street parking and passenger loading and unloading spaces shall
be provided in accordance with this chapter and shall be so designed
to prevent interference with traffic flow on any adjacent street or
road.

Prior to issuing of a zoning permit by the Zoning Officer, the applicant
shall have received and hold all pertinent approvals and licenses
from appropriate federal, state, or county agencies as a condition
of permit approval and continuation.

Off-street parking and passenger loading and unloading spaces shall
be provided in accordance with this chapter and shall be so designed
to prevent interference with traffic flow on any adjacent street or
road.

A continuing care retirement community (CCRC) is a residential
complex design permitted as a conditional use in the PBO District
that offers several levels of assistance, including independent living,
assisted living and nursing home care. It is different from other
housing and care facilities for seniors because it usually provides
a written agreement or long-term contract between the resident (frequently
lasting the term of the resident's lifetime) and the community
which offers a continuum of housing services and health care system,
commonly all on one campus or site. Such facilities shall be operated
for adults, generally 55 years old or older, that may include one
or any combination of an independent living facility, assisted living
facility or nursing home, as follows:

The CCRC shall be limited to residents who are at least 55 years
of age and older in accordance with the exemption to the prohibition
against discrimination based on familial status found in Section 3607(b)(1)
of the United States Fair Housing Act. 42 U.S.C. § 3607(b)(1),
and the Housing for Older Persons Act of 1995 and the regulations
promulgated thereunder, as the same may be amended.

Wheelchair access to all dwelling units and community facilities,
in accordance with the Americans with Disabilities Act, shall be provided
in the design of structures, pedestrian walkways, and parking lots.
Where practical and desirable, buildings shall be interconnected by
means of covered or enclosed walkways.

Indoor and outdoor recreational facilities, including auditoriums,
activity rooms, craft rooms, libraries, lounges, and similar recreational
facilities, for members of the continuing care retirement community.

Office and retail service facilities designed and adequate to serve
only the members of the community, including but not limited to a
pharmacy, gift shop, coffee shop, bank, beauty shop, and barbershop.

Accessory medical offices, nursing, and convalescent facilities limited
to residents of the facility for temporary care and not operating
as the principal office of any medical practice serving the general
public.

A continuing care retirement community shall follow the requirements for multifamily development, § 455-64, herein, in addition to the requirements of this section; however, the requirements of § 455-64 shall prevail when there is conflict between the requirements.

Outdoor sitting areas shall be provided within the required open
space, which shall be landscaped and shall not be located adjacent
to parking lots, detention basins, or collector or arterial streets
unless adequate screening is provided. Sitting areas shall not be
located on slopes of over five-percent grade.

The proposed use shall obtain all applicable state and federal permits,
licenses, and certificates of need, as applicable to the proposed
use, as well as conditional use approval, prior to the issuance of
a zoning permit.

A trash storage area shall be provided which shall be screened from the street and adjacent properties in accordance with § 274-44C, Article XI, of Chapter 274, Natural Resources Protection, to prevent trash from blowing from the area and to permit safe and easy trash removal.

An establishment where, by design, physical facilities, services,
or packaging procedures encourage or permit customers to receive services
or obtain goods while remaining in their vehicles. Such use shall
include any establishment for the sale and consumption of food and
beverages, any establishment providing banking services or other services
in which there is a drive-through window, and shall comply with the
following provisions:

Drive-through service shall be permitted in the PBO and VB Zoning
Districts. In such cases, there shall only be one point of ingress
and one point of egress to a collector or arterial street as defined
by the Township Comprehensive Plan of 2001, as amended.

Drive-through service windows shall have a cartway that has a dedicated
area for conducting business, a vehicle stacking lane that can accommodate
a minimum of four cars for those waiting to conduct business, and
an area for departing vehicles. The stacking lane shall not be used
for parking lot circulation aisles or in any way conflict with parking
or circulation. The stacking lane shall be clearly marked to distinguish
it from other traffic.

When a use with drive-through service is adjacent to or on the same
lot as other commercial establishments, it shall use a common access
with the other establishments and not have a separate entrance to
the street.

Outdoor play or recreation areas adjacent to a residential use or
district shall be a minimum of 50 feet from side and rear property
lines and shall be sufficiently screened to minimize disturbance of
residential areas. Outdoor play or recreation areas adjacent to a
nonresidential use or district shall be a minimum of 25 feet from
side and rear property lines.

A commercial (for-profit) school, including trade or professional
schools and art, music or dancing schools, shall not be permitted
in residential zoning districts. The minimum required lot size based
upon net lot area shall be that of the underlying district.

A funeral home is a building used for the preparation of the
deceased for burial and the display of the deceased and rituals connected
therewith before burial or cremation and shall comply with the following:

Determination of classification. There shall be two categories of
home occupations: minor (no-impact home-based business) and major.
Such uses shall be permitted when in accordance with the following
standards. The Zoning Officer shall determine whether a proposed home
occupation is major, minor, or prohibited.

Issuing of permit. All home occupations, whether minor or major,
shall be required to obtain a zoning permit for a home occupation
from the Township office and submit the application to the Zoning
Officer to obtain approval before such use may be permitted to operate.
The applicant shall be responsible for supplying such information
as deemed necessary by the Zoning Officer to make this determination.
Upon receipt, the Zoning Officer shall determine whether the permit
is a minor, major, or prohibited home occupation within 14 working
days and shall inform the applicant of the determination in writing
as follows:

Where the Zoning Officer determines that the proposed use is a major home occupation, the use shall require review and approval by the Zoning Hearing Board in accordance with the provisions of a special exception in Article XV and the criteria of this section. The Zoning Hearing Board may attach such reasonable conditions and safeguards as it deems necessary to implement the purposes of this chapter. Following approval, the Zoning Officer shall issue a zoning permit.

When the application for a zoning permit for a home occupation is found to be a prohibited home occupation as per Subsection E below, the Zoning Officer shall inform the applicant of the reasons why the application does not comply with this chapter.

A zoning permit for a home occupation shall not be transferable
to another property or to another type of home occupation. The permit
issued shall only be valid for the use and on the property for which
it was originally issued.

An approved zoning permit for a home occupation shall be valid
for a period of one year unless sooner revoked for violation of any
condition imposed by the Zoning Hearing Board, any misrepresentation
of fact made to the Zoning Hearing Board, Zoning Officer or Codes
Enforcement Officer in conjunction with the application, permit, and
review process, or violation of this section or any provision of this
chapter. Within 30 days prior to the expiration of any such permit,
the property owner shall make application for renewal of the permit
to the Zoning Officer, who shall, as a condition of issuance of such
renewal, make an inspection of the premises for which the permit is
sought to determine continued compliance with this chapter. In the
event that the Zoning Officer determines that a violation exists,
the permit shall not be renewed until the violation is cured.

Upon nonrenewal or revocation of the zoning permit for cause
shown, the use of the premises as a home occupation shall immediately
cease, and continuation thereof shall subject the owner to the penalty
provisions of this chapter and/or such other legal action as the Township
shall determine necessary.

A home occupation shall be conducted within the principal structure
on a lot that is the residence of and under the ownership of the principal
practitioner. The home occupation shall be carried on wholly indoors.

The appearance of the residential structure shall not be altered
or the occupation be conducted in such a manner which would cause
the premises to differ from its residential character by the use of
materials, construction, lighting, show windows, signs, or advertising
visible outside the premises to attract customers or clients, other
than those signs permitted by this chapter. No interior display of
goods shall be visible from the outside.

No equipment or process shall be used in a home occupation which
creates noise, vibration, glare, fumes, odors, dust, or electrical
interference detectable to normal senses beyond the property line
in excess of levels customarily generated by a residential use.

Minor home occupation standards (no-impact home-based business).
A minor home occupation is a business or commercial activity administered
or conducted as an accessory use which is clearly secondary to the
use as a residential dwelling and which involves no customer, client
or patient traffic, whether vehicular or pedestrian, pickup, delivery
or removal functions to or from the premises, in excess of those normally
associated with residential use. Minor home occupations shall comply
with the following additional standards and shall be permitted by
right in all residential districts. All other home occupations shall
be defined as "major."

The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors, or electrical interference,
including interference with radio or television reception, which is
detectable in the neighborhood.

Major home occupation standards. A home occupation that cannot meet one or more of the criteria listed in Subsection C above shall be defined as a "major home occupation." Major home occupations shall be permitted by special exception in the AA, R-1, R-2, R-3, and R-4 Residential Districts when other applicable criteria of this chapter can be met and shall meet the following regulations:

The total area used for a major home occupation shall not exceed
800 square feet or 25% of the floor area of the principal residential
structure existing as of the effective date of this chapter, whichever
is less.

Where employees or customer visits are anticipated, off-street parking
shall be provided in sufficient capacity to prevent interference with
normal residential parking in the neighborhood. Off-street parking,
inclusive of required residential parking, shall not exceed five spaces
and shall be lighted to provide safe passage.

Beauty parlors and barbershops may be permitted as a major home occupation,
provided that no more than two stylist or barber chairs are provided
and all applicable provisions of state law and licensing and this
chapter are met.

Instructional services may be permitted as a major home occupation,
provided that a maximum of two musical students may be instructed
at any given time. Nonmusic instruction shall be limited to no more
four students at any given time and no more than two trips per hour.

Home day care. Home day care is a major home occupation in which
a private residence is used for the care and supervision of between
four and six children or adults, not related to the caregiver. (Day
care provided for more than six children is considered a commercial
day-care center for the purposes of this chapter and is not permitted
in residential districts. Care provided to three or fewer children
is considered baby-sitting and is not formally regulated.) When in
compliance with the provisions outlined below and all applicable requirements
of state law and licensing and this chapter, home day care shall be
permitted as a major home occupation:

There shall be no alterations to exterior facades of residential
structures to accommodate accessory day-care facilities in a residential
district, except for safety purposes, which shall be confined to rear
or side walls not visible from any public right-of-way.

For home day care intended for children, a minimum outdoor play
area of 100 square feet of contiguous play area shall be provided
for each child. The outdoor play area shall be located to the side
or rear of the property.

The outdoor play area shall be enclosed by a suitable fence
with a minimum height of four feet or other barrier suitable to prevent
children from crossing. This requirement shall also apply to adult
home day care where outdoor sitting areas are provided for the use
of clients.

In addition to the off-street parking required for a single-family
home, at least one additional space is required for each nonresident
employee. There shall be sufficient area on the lot to accommodate
the pickup and dropoff of children without interference with local
traffic.

Prior to approval of the use and issuing of a zoning permit
by the Zoning Officer, the applicant shall secure all pertinent approvals
and registration certificates from appropriate state or county agencies
as a condition of permit approval and continuation.

The principal access to a hospital shall be directly from an arterial
or major collector road as designated by the Township Comprehensive
Plan. Access to roads shall be a minimum of 40 feet from the intersection
of any street.

All buildings and structures shall be set back a minimum of 100 feet
from any property line. Where the use adjoins existing residential
uses, care shall be taken to locate emergency and service entrances
where they are not objectionable to adjoining neighbors.

Hospitals are explicitly prohibited within floodplain areas in accordance with § 274-12E(8)(a), Article III, of Chapter 274, Natural Resources Protection, as incorporated by reference in Article VII of this chapter.

Multifamily uses shall be divided into two categories: multifamily building that involves one single structure, and multifamily development that involves a complex of structures. The following standards shall apply to multifamily buildings, except in the Village of Berwyn Districts, where the zoning standards contained in Article V shall apply:

Building coverage and maximum impervious surface. Coverage of the
tract by principal and accessory buildings shall not exceed 35% of
the net lot area, and combined building coverage when combined with
other impervious surfaces shall not exceed a maximum impervious surface
of 65%.

Open space areas shall be unpaved and primarily consist of an
open grassed area including appropriate trees, bushes, and other vegetation.
Such an area shall be contiguous and shall be set back a minimum of
10 feet from any residential uses or residential accessory uses and
shall be a minimum of 25 feet in width.

When an open space area is designed for active recreation and
abuts a public street, it shall be fenced, provided with an earthen
berm, or combination thereof, that physically separates it from the
street. Appropriate landscaping should be considered in conjunction
with such fence, earthen berm, or combination thereof.

Off-street parking and vehicular circulation standards. Streets and parking lots should be planned to minimize their adverse impacts on adjoining properties. Buffers should be provided in accordance with Subsection H of this section.

Parking lots for more than 20 cars shall include planted areas
within such parking lots. A minimum of 100 square feet of planting
area shall be provided for the first 20 parking spaces, plus 100 square
feet of planting area for each 10 additional parking spaces, on a
pro rata basis.

All planting areas proposed for street rights-of-way and parking lots shall be in conformance with Article XI of Chapter 274, Natural Resources Protection, as incorporated by reference in § 455-38 of this chapter.

Pedestrian circulation. Pedestrian circulation shall be addressed
by all applications for multifamily use. The application shall indicate
the locations, dimensions, and materials to be used in providing for
adequate pedestrian circulation in the proposed use for the following:

A plan for the storage and collection of trash, garbage and rubbish
shall be submitted as part of the application for a multifamily use,
indicating methods and proposed locations for the storage and collection
of all solid wastes.

If common solid waste storage and collection points are proposed, a roofed structure with walls on at least two sides must be provided. Such structures must be architecturally harmonious with other buildings in the proposed use and shall be considered as necessary buildings that shall meet all requirements for such structures as set forth in this chapter and Chapter 400, Subdivision and Land Development.

Multifamily uses shall be divided into two categories: multifamily building that involves one single structure, and multifamily development that involves a complex of structures. The following standards shall apply to multifamily developments, except in the Village of Berwyn Districts, where the zoning standards contained in Article V shall apply:

Accessory use on the same lot with and customarily incidental to
the foregoing permitted use. The term "accessory use" shall not include
a business, except as permitted below where such use is located within
an multifamily development, and may include:

In conjunction with a permitted multifamily development, an
accessory office or commercial use such as a restaurant, personal
service shop, drugstore, or similar retail store or a public garage
operation may be permitted, provided:

Recreational facilities available for use only by residents
of the development and their guests. Permitted accessory structures
within designated open space areas shall be limited to perimeter fences
and decks, patios, and swimming pools.

Such accessory uses shall be located no closer to the street
or street right-of-way line on which the associated building fronts
than a line parallel to and coincident with the rear facade of the
building, extended to its points of intersection with the side boundaries
of the lot or open space area.

Building coverage and maximum impervious surface. Coverage of the
lot by principal and accessory buildings shall not exceed 35% of the
net acreage, and building coverage when combined with other impervious
surfaces shall not exceed a maximum impervious surface of 65%.

Open space areas shall be unpaved and primarily consist of an
open grassed area including appropriate trees, bushes, and other vegetation.
Such an area shall be contiguous and shall be set back a minimum of
10 feet from any residential uses or residential accessory uses and
shall be a minimum of 25 feet in width.

When an open space area is designed for active recreation and
abuts a public street, it shall be fenced, provided with an earthen
berm, or combination thereof, that physically separates it from the
street. Appropriate landscaping should be considered in conjunction
with such fence, earthen berm, or combination thereof.

Building length. No building or building group, such as a townhouse
group, shall exceed 160 feet as its greatest dimension in length or
depth. No townhouse group shall consist of more than eight dwelling
units.

Offsets. No more than eight townhouse dwelling units shall be
attached in a single group. No more than two contiguous units in any
group may be constructed in line, and each unit shall have at least
one plan element on any floor which projects or recedes within the
wall plane of the facade a minimum dimension of two feet.

Streets and parking lots shall be planned to minimize traffic
movement in the immediate vicinity of residential buildings and yards,
with particular attention given to controlling noise and daytime and
nighttime visual impacts of vehicles.

Pedestrian circulation plan. A pedestrian circulation plan shall
be required as a part of all applications for multifamily development.
The plan shall indicate the locations, dimensions, and materials to
be used in providing for adequate pedestrian circulation in the proposed
development. The pedestrian circulation plan shall reflect the following
considerations:

A plan for the storage and collection of trash, garbage and rubbish
must be submitted as part of the application for a multifamily development
indicating methods and proposed locations for the storage and collection
of all solid wastes.

If common solid waste storage and collection points are proposed, a roofed structure with walls on at least two sides must be provided. Such structures must be architecturally harmonious with other buildings in the proposed development and shall be considered as accessory buildings, which shall meet all requirements for such structures as set forth in this chapter and Chapter 400, Subdivision and Land Development.

Architecture. Architectural schematic drawings prepared by an architect
registered in the Commonwealth of Pennsylvania shall be required of
plans of typical residences and elevations of typical front and rear
building facades of residences and accessory buildings.

Landscape architecture. A landscape plan prepared by a registered landscape architect shall be required in accordance with § 274-38, Article XI, of Chapter 274, Natural Resources Protection, along with the following:

The provision of landscaped visual buffer zones that shall be in conformance with Article X of Chapter 274, Natural Resources Protection, as incorporated by reference in § 455-38 of this chapter. The minimum width of such buffer zones shall be 10 feet, except where a multifamily development is adjacent to a single-family residential district, in which case the buffer shall be 25 feet.

Private ownership and maintenance. The governing documents of
a multifamily development shall provide, in perpetuity, for the common
and uniform maintenance of all landscaped areas, including open space
and buffers.

The Board of Supervisors may require dedication, easements and/or
deed restrictions covering all or portions of the open space and may
require the applicant to provide for and establish an organization
for the maintenance of the common open space, organized under or similar
to that required by the Uniform Condominium Act, 68 Pa.C.S.A. § 3101
et seq., as amended, and agree that such organization or owners holding
undivided interest in the open space shall not dispose of the open
space by sale or otherwise (except to a similar organization or group
conceived and established to own and maintain open space). In determining
whether the organization described in the plan is adequate, the Board
of Supervisors shall consider the type and structure of the organization
from the standpoint of its capacity to raise revenue, meet obligations
and properly maintain facilities.

In the event the open space is, in the judgment of the Board of Supervisors,
permitted to deteriorate or not maintained in reasonable condition
in accordance with the plan, the Township shall have the option of
taking whatever steps are afforded by law to require compliance with
the plan.

In addition to any other remedies afforded by law, the Township shall
have the right, which shall be made part of the agreement with the
applicant, to enter upon the common open space and maintain the same
for a period not to exceed one year. The purpose of such action by
the Township shall be to preserve the taxable values of the property
within the development and prevent the common open space from becoming
a public nuisance.

Prior to entering upon the property, the Board of Supervisors shall
give written notice of the condition complained of to the property
owner and afford the latter a period of not less than 30 days to remedy
and correct the same.

The cost of such maintenance by the Township shall be assessed ratably
against the properties within the development which have a right of
enjoyment of the open space and shall become a lien upon said properties
upon filing thereof as required by law.

Applications for development of multifamily development under this section shall be accompanied by a plan containing the information required by this section and Chapter 400, Subdivision and Land Development. The appropriate application fee and/or escrow prescribed by resolution of the Board of Supervisors from time to time shall be paid in advance, and the applicant shall agree to reimburse the Township for all costs incurred by it in connection with and in direct relation to the review and processing of the application.

The substance of covenants, grants and easements or other restrictions
proposed to be imposed upon the use of the land, buildings and structures,
including proposed easements or grants for public utilities.

A traffic impact study, as per § 400-25E of Chapter 400, Subdivision and Land Development, documenting all improvements which may be needed to avoid off-site congestion or hazard which might arise as a result of the construction of the project for which application is made.

Where a multifamily development application involves land development
and/or subdivision approval, any approval of the application shall
be valid for a time period consistent with MPC Sections 508 and/or
917,[1] as the case may be. Where an application does not result
in land development and/or subdivision, any approval of an application
shall expire if the applicant fails to apply for a building permit
or, if no building permit is required, a use and occupancy permit
within six months from the date of the decision on the application.

A scaled plan specifying the location of the outdoor cafe, including
a calculation of proposed occupant amount, seating capacity and location,
and where applicable, the location of any adjacent parking spaces.

No action shall be taken on any application for a permit under this
section until the application has been completed fully and the application
fee, as required by the schedule of fees established and amended by
the Township, is paid in full.

The applicant shall indemnify and hold harmless the Township, its
officers, consultants, employees, and agents from and against any
and all actions, suits, demands, payments, costs, and charges for
and by reason of the existence of an outdoor cafe, and all damages
to persons or property resulting from or in a manner caused by the
presence, location, use, operation, installation, maintenance, replacement,
or removal of such use, or by the acts or omissions of the employees
for agents of the applicant for such use.

Outdoor cafe uses shall stop serving customers on or before 9:00
p.m., prevailing time, on Sunday through Thursday and clear all tables
of food, beverages, and customers on or before 10:00 p.m. On Friday
and Saturday, customer service shall stop at 10:00 p.m., prevailing
time, and all tables shall be cleared of food, beverages, and customers
on or before 11:00 p.m.

If on-street parking exists in front of the outdoor cafe, tables
on the curbline are prohibited. If on-street parking does not exist,
tables are permitted on the curbline, provided that a barrier acceptable
to the Township is provided.

In the event the outdoor cafe is located in an area that the Township
or a public utility is performing maintenance or installation, the
outdoor cafe shall be closed for the duration of the maintenance or
installation.

This use shall be associated with a principal use of a restaurant
or tavern and shall be located abutting that building in which the
principal use is located and shall be located on the same lot as that
principal use or on the public sidewalk or right-of-way abutting the
lot the principal use is located on.

Where the outdoor cafe is not proposed to occupy the public sidewalk
or right-of-way, the outdoor cafe shall be separated from parking
areas or traffic flow areas by fencing or buffering. However, in any
location where the outdoor cafe is not separated from the flow of
traffic or parking areas, no table shall be located within six feet
of the curb or the boundary of that area, whichever is closer.

The applicant shall maintain the outdoor cafe in accordance with
all Township ordinances and federal, state and county laws, as well
as rules and regulations promulgated and adopted by the Township which
pertain to this use.

The applicant shall remove the outdoor cafe within 30 days after
written notice of the Township determines that the use is detrimental
to the health, safety and general welfare of the Township or its residents
as follows:

In the event that the applicant fails to remove the outdoor cafe
within seven days after the thirty-day period after written notice,
the Township may proceed to remove and restore the area and charge
the applicant for the cost thereof. In this instance, the applicant
is entitled to the return of furnishings or equipment so removed,
only after the payment for all costs for the removal due to the Township,
and requesting the return in writing. The responsibility for removal
under the provisions of this section shall be the sole responsibility
of the applicant without any obligation or cost assessed against the
Township.

Accessory uses shall be set back a minimum of 25 feet from a residential use or district and shall be sufficiently screened to minimize disturbance of residential areas in accordance with § 274-44C, Article XI, of Chapter 274, Natural Resources Protection.

A planned commercial shopping center may be permitted in the
PBO District after being reviewed and approved as a conditional use
and when in accordance with the following standards. These standards
shall also apply to any single commercial use in the PBO District
when the gross floor area of the use is 20,000 square feet or greater.

The minimum lot size on which one horse or pony may be kept shall
be two acres of fenced open area, exclusive of those areas occupied
by dwellings (not intended to include outbuildings) for temporary
or permanent human occupancy.

In the event a bridle path crosses a road, the property owner shall
be responsible for posting signage indicating such use, in compliance
with standard procedures and regulations for road signs and signage.

The perimeter of the lot on which the horse or pony is kept shall
be enclosed by a fence sufficiently substantial to contain the horse
or pony at all times. The fence may be constructed of wooden poles
or boards, posts and rails, or runners, or the like, or two-strand
electrified wires, designed and marked with signs so that they will
present no hazard.

Application required. Prior to keeping or maintaining a horse or
pony, application shall be made to the Zoning Officer for a permit.
Said applicant shall demonstrate full compliance with the requirements
and limitations contained in this section.

The operator of the veterinary clinic shall provide proof of all
requisite permits, licenses, and certification to perform medical
procedures and for the care and keeping of animals. Sanitary conditions
in conformance with appropriate health authorities shall be maintained
at all times.

Sidewalks shall be installed along the street frontage of any lot abutting a public or private street where sidewalks do not exist, when new construction of a principal building for the lot occurs or when the principal building for the lot is removed or demolished and replaced. Sidewalks shall comply with the terms of § 400-41.